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   State Courts - Delaware - July 30, 2004

  
Aurora Loan Servs. v. Huggins, C.A. No. 00L-10-045J-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: A court allowed 30 days for a partnership claiming an interest deriving from buyers, who bought property at a sheriff's foreclosure sale, to take steps to protect its interest before the sheriff deeded the property to the buyers.

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Bivens v. Mattero, CA No. 03C-03-159-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: In car accident suit against another driver, plaintiffs' counsel could not avail himself of Saturday court filing procedures, as doors were locked and guard was not available; Monday filing was treated as timely under limitations statute.

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Cunningham v. Horvath, C.A. No. 03C-08-013 JTV, SUPERIOR COURT OF DELAWARE, KENT, July 30, 2004, Decided
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Overview: Individual's motion for reargument was denied as it was used to rehash arguments already decided. Whether a person should be criminally prosecuted was not matter for the trial court; it was a function delegated to the executive branch of government.

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Del. Ins. Guar. Ass'n v. Birch, C.A. No. 02C-05-026-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, July 30, 2004, Decided
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Overview: In medical malpractice insurer's declaratory relief action, court granted summary judgment to insurer; it was not required to cover insured physician whose office breached confidential relationship by telling mother that daughter was pregnant.

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Dover Historical Soc'y v. City of Dover Planning Comm'n, C.A. No. 03A-06-002 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 30, 2004, Decided
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Overview: Planning commission irregularity in approving new construction in a historic district without complete review and recommendations of the historic district committee required remand for reconsideration.

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Kern v. Alfred I. Dupont Inst. of the Nemours Found., C.A. NO.: 02C-05-001-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: A hospital's motion for summary judgment was granted in a mother's action alleging that negligence by nurses caused a surgery for purposes of enlarging her child's trachea to fail; she failed to provide evidence to support an increased risk claim.

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Lane v. Cancer Treatment Ctrs. of Am., C.A. No. 12207-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: In an action by a corporate shareholder for a determination of the fair value of the corporation's common stock as of the date of a merger, the court determined the fair value was $ 1,345,000 or $ 1,345 per share.

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Marathon Ptnrs. L.P. v. M&F Worldwide Corp., Civil Action No. 018-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: Subject to confidentiality agreements, Delaware stockholders suspicious of management produced credible evidence that met burden to get access to stockholder lists and records of one of several transactions as to which they suspected wrongdoing.

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Meades v. Wilmington Hous. Auth., C.A. No. 03C-05-013 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: Court granted housing agency and director's (WHA) motion to dismiss terminated employee's defamation claim for not pleading specific facts to indicate WHA's statements negated conditional privileges to discuss termination and investigate conversion.

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Michael A. Sinclair, Inc. v. Riley, C.A. No.: 03A-09-007 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2004, Decided
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Overview: Where an employer was duly notified of an unemployment benefits claimant's appeal, but failed to diligently prosecute and file its brief, the court had no alternative but to reverse the Delaware Unemployment Insurance Appeal Board's decision.

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